Decriminalize and engage MSM and transgender populations in HIV responses

Shobha Shukla - CNSIn memory of the light and force in the
struggle of gender justice and sexual rights, late Shivanand Khan OBE,
we are reproducing what he said to CNS in the recent past:[Audio podcast]
Policies that criminalize same-sex behaviour and punitive laws continue
to impede access to existing healthcare services for those at
heightened risk of HIV such as men who have sex with men (MSM) and
transgender populations. The 10th International Congress on AIDS in Asia
and the Pacific (10th ICAAP) is being organized in South Korea - a
country where a lot more needs to be done to provide safe, supportive
and dignified access to services for LGBT community. "South Korea
doesn’t have a very good record regarding programming around sexual
minorities and HIV. If you look at the data, one of the highest number
of people dying among young LGBT people are here. There is a whole issue
around shame and culture that impacts upon their lives. The government
is not very responsive, and no education system exists on these issues" said Shivanand
Khan, Chief Executive of Naz Foundation International and Co-Chair of
Asia Pacific Coalition on Male sexual health (APCOM).

According to the Wikipedia,
"Lesbian, gay, bisexual, and transgender (LGBT) people in South Korea
can face legal challenges not experienced by non-LGBT residents. Male
and female same-sex sexual activity is legal in South Korea, but
same-sex couples and households headed by same-sex couples are not
entitled to the same legal protections available to heterosexuals. As in
many countries, however, the climate for gays and lesbians is evolving
and becoming more tolerant.Homosexuality in South Korea (Republic of
Korea) is not specifically mentioned in either the South Korean
Constitution or in the Civil Penal Code. Article 31 of the Korean Human
Rights Committee Law states that "no individual is to be discriminated
against on the basis of his or her sexual orientation." However, Article
92 of the Military Penal Code, which is currently under a legal
challenge, singles out sexual relations between members of the same sex
as "sexual harassment", punishable by a maximum of one year in prison.
The Military Penal Code does not make a distinction between consensual
and non-consensual crimes and names consensual intercourse between
homosexual adults as reciprocal rape."

"What
we hope to achieve with discussions with colleagues from LGBT
communities in Korea is that these issues have a high visibility and
more knowledge management. From Asia Pacific perspective we are hoping
to have a better recognition of some of these crucial issues that have
an impact upon our lives by increasing our risks and vulnerabilities to
HIV" added Shivananda Khan, who was conferred upon the Order of
British Empire (OBE) by the British Queen in recognition of his
contribution to HIV prevention among MSM.

"My message for the conference is that the key vulnerable communities in Asia and the Pacific to HIV are MSM and transgender populations.
Unless we are engaged in designing, developing and providing services,
HIV is never going to be resolved as a key issue in our parts of world"
said Shivananda Khan.

Shivananda reminds us of one of the landmark developments of 2011 in this context - the UN Political Declaration adapted in June 2011 by member countries including South Korea.

The UN Political Declaration among other very significant points says that: "...many national HIV prevention strategies inadequately focus
on populations that epidemiological evidence shows are at higher risk,
specifically men who have sex with men, people who inject drugs and sex
workers, and further note, however, that each country should define the
specific populations that are key to its epidemic and response, based on
the epidemiological and national context."

However the UN Political Declaration didn't mention transgender populations as high risk group for HIV. "One of the key successes of 2011 is the new UN General Assembly Political Declaration that
was signed up in June 2011 where for the first time MSM are
particularly mentioned as a vulnerable community. Okay they didn’t
mention transgender populations but it is step on the way. For
Asia Pacific, we have had two UN declarations that have mentioned MSM
and transgender – these are major steps forward in making the political
environment more conducive towards working with MSM and transgender
communities" said Shivananda Khan.

Further adds
Shivananda: "As always we hope that this congress will push the envelope
even further with clear recognition from all governments that unless
they engage MSM and transgender people, HIV is not going to be resolved
in terms of reducing the level of HIV."

Shobha Shukla - CNS(The
author is the Editor of Citizen News Service (CNS) and is reporting
on-site from 10th ICAAP, Busan, South Korea for CNS. She is a J2J Fellow
of National Press Foundation (NPF) USA. She has worked earlier with
State Planning Institute, UP and taught physics at India's prestigious
Loreto Convent. Email: shobha@citizen-news.org, website:
http://www.citizen-news.org)